I found this article
[url =
http://www.ecommercetimes.com/rsstory/44305.html]RIAA Slaps Hundreds of P2P File Sharers
with Lawsuits [/url]
RIAA Slaps Hundreds of P2P File Sharers with
Lawsuits
By Keith Regan
E-Commerce Times
06/30/05 10:14 AM PT
The new batch of 785 suits are part of a
lengthy and controversial campaign by the
RIAA and more recently its movie
counterpart, the Motion Picture Association
of America, to sue individuals they believe
are receiving or sharing copyrighted
material without paying for it.
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Hard on the heels of a partial victory for
music and movie studios before the U.S.
Supreme Court earlier this week, the
Recording Industry Association of America
(RIAA) has continued to pressure consumers
who it says illegally swap music, filing a
new batch of more than 700 copyright
infringement lawsuits.
The lawsuits come just three days after the
Supreme Court handed copyright holders a
victory by ruling in MGM vs. Grokster that
peer-to-peer, or P2P, networks can be sued
if they intend to have their technology used
for illegal file-sharing.
However, the new batch of 785 suits do not
rely on that ruling, instead are part of a
lengthy and controversial campaign by the
RIAA and more recently its movie
counterpart, the Motion Picture Association
of America , to sue individuals they believe
are receiving or sharing copyrighted
material without paying for it.
Ongoing Effort to Educate
The decision to file more lawsuits might be
a recognition by the entertainment industry
that it faces a high burden of proof against
the P2P firms themselves. The Supreme Court
ruling said that studios can only prevail in
suits against those firms if it can be
proved that they induced users to steal
music or movies with their technology.
Separately, law enforcement officials in the
U.S. and Europe announced they had made a
major a number of arrests and seized
computer equipment in an unrelated move on
illegal file sharing and copyright
violations.
In a statement, the RIAA said its suits were
part of an ongoing effort to "educate fans
about the right and wrong way to enjoy
digital music." The suits were filed in
numerous jurisdictions, including
Washington, D.C., California, New York and
Pennsylvania, and all are against so-called
"John Does," or unnamed defendants.
Those sued were said to be users of several
P2P networks, including KaZaa, LimeWire and
Grokster.
"On Monday, the Supreme Court provided a
real shot in the arm to legitimate online
music services and unanimously injected
moral clarity into this debate," RIAA
Chairman and CEO Mitch Bainwol said. "If
there was any doubt left, there should now
be none -- individuals who download music
without permission are breaking the law. Our
efforts to defend the rights of record
labels, musicians, songwriters and others in
the music community from theft will
certainly continue and likely be
strengthened in the weeks and months ahead."
Clear as Mud
Not all observers see the Supreme Court's
ruling in such clear terms, however. The P2P
industry, in fact, declared partial victory
for itself by noting that the court did not
overturn or erode the landmark 1984 Sony
(NYSE: SNE) Betamax ruling, which held that
technology with legitimate uses was legal
even if users ended up finding illicit uses
for it.
The RIAA positioned its suits as just one
part of a larger campaign being waged by
Music United to educate the public,
especially parents of teens -- by far the
heaviest users of P2P to swap songs.
The push will be backed with an advertising
campaign urging the purchasing of music,
with the tagline of "Feed a Musician,
Download Legally" displayed on posters at
subway stops and similar spots in 11 U.S.
cities.
Depending upon an observer's point of view,
the campaign represents either a revived
RIAA, one that received a welcome shot in
the arm from the Supreme Court ruling, or
one that is more desperate than ever to stem
file-sharing in the face of the networks it
takes place on and the users who do it
becoming increasingly sophisticated.
Analysts say the industry is unlikely to
abandon its strategy of lawsuits any time
soon, primarily because they have been
effective at helping to decrease illegal
swapping. And they might in fact make more
sense now than ever since there are now a
range of legitimate alternatives that users
can turn to for legal downloads.
Desired Effect?
In the past, the RIAA has typically settled
copyright infringement suits for about
US$5,000, a strong deterrent, especially for
certain Web users, according to research
conducted by the Pew Internet & American
Life Project.
"There is evidence that people who have
never downloaded are deterred from
starting," Pew research specialist Mary
Madden told the E-Commerce Times. Sixty
percent of such individuals have said the
lawsuits would keep them from ever
attempting questionable downloading of music
and a third of all past downloaders have
stopped the practice because of the suit.
A. Blair Hughes, an attorney with McDonnell
Boehnen, Hublert & Berghoff in Chicago, said
the difficulty of proving the "intent to
induce" standard set out by the court in the
Grokster ruling might put users in the legal
crosshairs for some time to come.
"The next hurdle the industry faces in view
of the Grokster decision may be
insurmountable," Hughes said. The only
recourse left to the big movie studios and
recording companies will be to sue
individuals who are using the file-sharing
software illegally -- an immense and costly
undertaking."